20081579 Ver 1_Approval Letter_20130503

4 �FA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Department of the Army
Directorate of Public Works
Division of Water Quality
Charles Wakild, P.E.
Director
May 3, 2013
Attn: Gregory G. Bean — Director of Public Works
2175 Reilly Rd., Stop A
Ft. Bragg, NC 28310 -5000
John E. Skvada, III
Secretary
DWQ # 08 -1579 Ver. 3
Cumberland County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
PN 69287: Patriot Point Roadways
Dear Mr. Bean:
You have our approval for the impacts listed below for the purpose described in your
application dated March 27, 2013, received by the Division of Water Quality (Division) April 3,
2013. These impacts are covered by the attached Water Quality General Certification Number
3886 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers.
Please note that you should get any other federal, state or local permits before proceeding with
your project, including those required by (but not limited to) Sediment and Erosion Control,
Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification (s) or
general permit and the following additional conditions:
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone 919 - 807 -63011 FAX- 919- 807.6494
Internet* http: / /portal.ncdenr orgtweb/wglws
An Equal Opportunity 1 Affirmative Action Employer

Patriot Point Roadways
DWQ# 08 -1579 Ver. 3
401 APPROVAL
Page 2 of 5
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved (units)
(units)
Temporary
Permanent
Stream
65 (linear feet)
(linear feet)
404/401 Wetlands
0.2135 (acres)
(acres)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. if the property is sold, the
new owner must be given a copy of this approval letter and General
Certifications) /Permit /Authorization and is responsible for complying with all
conditions.
3. A copy of this Certification shall be included in the construction contract and available
on the job site at all times.
4. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area.
Approved BMP measures from the most current version of NCDOT Construction and
Maintenance Activities manual
(http: / /www.ncdot.org/doh /operations /BMP manual /download /BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used
to prevent excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original
stream profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below
locations of each culvert. Culverts shall be designed and installed to allow for aquatic
life movement as well as to prevent head cutting of the streams. If any of the existing
pipes are or become perched, the appropriate stream grade shall be re- established or, if
the pipes are installed in a perched manner, the pipes shall be removed and re- installed
correctly.
All authorized culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a
diameter less than 48 inches, to allow low flow passage of water and aquatic life.
Design and placement of culverts and other structures including temporary erosion

Patriot Point Roadways
DWQ# 08 -1579 Ver. 3
401 APPROVAL
Page 3 of 5
control measures shall not be conducted in a manner that may result in dis- equilibrium
of wetlands or streambeds or banks, adjacent to or upstream and downstream of the
above structures. The applicant is required to provide evidence that the equilibrium
shall be maintained if requested in writing by DWQ. Culverts shall be placed so that the
opening(s) match the natural stream channel wherever possible. Bank -full flows (or
less) shall be accommodated through maintenance of the existing bank -full channel.
Additional culverts shall be allowed only to receive flows exceeding bank -full. The low
flow pipes should be aligned with the deepest part of the stream channel, so that flow is
maintained during low flow conditions. Field adjustments of the culvert placements may
be necessary to correctly install the culverts.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods. If rip -rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality. All approved rip -rap shall be
appropriately keyed in and only placed in wetland and stream areas that have permitted
impacts.
S. Construction Plans
Any final construction plans for this project must include or reference the application
and plans approved by the DWQ under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction
plans.
6. When final design plans are completed for your project, PN 69287: Patriot Point
Roadways, a modification to the 401 Water Quality Certification shall be submitted with
five copies and fees to the NC Division of Water Quality. Final designs shall reflect all
appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams,
and other surface waters, and buffers. No construction activities that impact any
wetlands, streams, surface waters, or buffers located in this project shall begin until after
the permittee applies for, and receives a written modification of the 401 Water Quality
Certification from the NC Division of Water Quality.
7. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.

Patriot Point Roadways
DWQ# 08 -1579 Ver. 3
401 APPROVAL
Page 4 of 5
8. Stormwater Management Plan (Approval by the DWQ Stormwater Unit required.)
You are required to obtain approval from the DWQ Stormwater Unit before any impacts
authorized in this certification occur. The SMP may not be modified without prior
written authorization from the DWQ Stormwater Unit. A copy of the approval letter and
the modified SMP must be submitted to the DWQ Webscape Unit prior to the
commencement of the modifications.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the DWQ WEBSCAPE Unit at: 1650 Mail
Service Center, Raleigh, North Carolina 27699 -1650.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http:/ /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Please send one (1) copy of the petition to DWQ:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DENR - DWQ — Webscape Unit NC DEN R -DWQ— Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
512 N. Salisbury Street
Raleigh, NC 27604
Patriot Point Roadways
DWQ# 08 -1579 Ver. 3
401 APPROVAL
Page 5 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Chad Turlington at (910) 433 -3320 or chad.turlinston @ncdenr.eov if you have
any,que$tion,s.or concerns.,
Sincerely,
Belinda S. Henson
Regional Supervisor
DWQ Fayetteville Regional Office
Enclosures: GC 3886
Certificate of Completion
cc: Teresa R. Bullard — Environmental Resources Section, Wilmington District, USACE
(via email)
Ronnie Smith - USACE Wilmington Regulatory Field Office (via email)
DWQ FRO 401 files
Karen Higgins - DWQ Webscape Unit